In the wake of vaccine mandates across states, the bill seeks to uphold freedom of movement
A proposed bill aims to prevent discrimination based on COVID-19 vaccination status following the recent wave of legal challenges filed by workers and employers against mandatory vaccination policies.
The COVID-19 Vaccination Status (Prevention of Discrimination) Bill 2021 seeks to prohibit vaccine-related discrimination of individuals by the Commonwealth, states, territories and other entities in the provision of goods, services and facilities. The prohibition also applies to employment, education, accommodations and sports, according to an exploratory memorandum.
Moreover, the legislation is intended to prevent any interference with free movement between and within states and territories, emphasising “the inalienable rights and freedoms of all Australians.” The bill looks to “reduce the interference imposed by unnecessary, restrictive bureaucratic red tape.”
The COVID-19 Vaccination Status (Prevention of Discrimination) Bill 2021 defines “discrimination,” as including “requesting or requiring a person to provide proof of having received a COVID-19 vaccination or unfavourable treatment on the basis of whether a person has not received a COVID-19 vaccination.” The bill indicates that “discrimination may occur on multiple bases.”
The legislation also sets out that the Commonwealth “cannot enter into an agreement with, fund, or grant a licence, permit, authorization authority or other permission to a state, territory, business or voluntary body” if the entities enumerated are “reasonably likely to discriminate against a person on the basis of whether the person has received a COVID-19 vaccination.” In addition, the bill prohibits the Commonwealth from entering into an agreement with such entities on the condition that the latter would “require persons to receive a COVID-19 vaccination.”
The bill is expected to have a positive impact on human rights because “it ensures that discrimination cannot occur because a person has had, or not had, medical intervention to prevent COVID-19 infection.”
Senator Pauline Hanson sponsored the bill, which was introduced and read for the first time in the Senate on 21 October.
